Our Limited Damage Waiver (“LDW”) is OPTIONAL AND MAY BE DECLINED IF YOU PROVIDE PROOF OF INSURANCE AS INDICATED
IN OUR TERMS AND CONDITIONS (See Sections 10 and 11 on Page 2 or reverse side of this Contract).
IMPORTANT: If you decline LDW, or if you fail to pay the Damage Waiver Fee prior to commencement of the Rental Term, you will be
responsible for all damage to the Rented Item(s), at the full (new) replacement value thereof
All charges due and coming due hereunder are subject to FINAL AUDIT by Dirt Works Equipment Rental LLC, a Michigan limited liability company, (“Dirt Works,” “DWE,” or “Lessor”). By signing below, authorize DWE to charge all amounts due and coming due under this Rental Contract (up to 150% of the new replacement value of the item(s) rented to you, as identified above (hereinafter, “Rented Item(s)”) to any and all debit or credit card(s) you provide. You, for yourself and for the Customer/Lessee acknowledge and agree that you have carefully reviewed, fully understand, and agree to all of the terms and conditions set forth in this Contract (including this Page 1, and Page 2 hereof), that you have received a complete and legible copy of each of the same, together with all applicable Instructions and Warnings, and that YOU PERSONALLY GUARANTEE the full and prompt payment and performance of each and every obligation of the Customer / Lessee arising under and/or in connection with this Contract.
Minimum Agreed Term – Hourly, Daily, Weekly or Monthly
Monthly = 28 Days / 160 Hours; Weekly = 7 Days / 40 Hours; Daily = 1 Day / 10 Hours
Service charge per GALLON for fuel not replaced upon return to DWE: $6.00
Cleaning Charge per HOUR: for Item(s) returned unclean: $75.00
Excess Hours of Use charged at hourly rate.
WINTER 2024/2025 TERMS & CONDITIONS
• Monthly rate only applies for a signed 4 month minimum rental agreement.
• Machines returned prior to the completion of the minimum 4 month rental agreement will be billed in accordance with the rental agreement. No partial months or prorated early returns.
• A deposit equal to one months rent will be collected as a down payment at the time of reservation and applied to the final month of the agreed rental term.
• Monthly payment will be billed on the 1st day of each month.
• Customer is responsible for maintenance (grease/fuel/cleaning), track damage and cold weather starts (i.e “gelling, diesel treatment, etc).
• Machines will be fluid-filmed prior to rental for rust protection. All machine damage due to salt exposure and rodents is the responsibility of the renter.
• Customer will either provide a current certificate of insurance for the machine or purchase damage waiver from Dirt Works Equipment Rental.
• If the renter requests to cancel the reservation, written notification must be made to Dirt Works 30 days prior to the start of the rental. A cancellation fee will be assessed, not to exceed one month’s total rent if cancelled within 30 days of the reservation.
• Allotted machine usage hours as outlined in page 1 and page 2 of the rental agreement are null and void. Winter rental usage hours are as follows – 75 hours per month, per machine rented. Each machine hour over 75 hours per month is billed at $15 per hour.
• Equipment to be used for snow removal purposes only as any other work may remove rust protection. Machines used outside of snow removal SHALL be billed at the normal monthly rate of $3,600 per month and will forfeit deposit.
All other terms and conditions that are not addressed in the "Winter 2024/2025 Terms & Conditions" section remain the same. Winter terms and conditions are only applicable to snow removal contracts and do not apply to any rentals outside of the snow removal contract.
For good and valuable consideration, you and Dirt Works Equipment Rental LLC, a Michigan limited liability company (also referred to in this Contract as “Dirt Works,” “DWE,” “Lessor,” “we,” “us,” and “our”) agree as follows:
1. As used herein, “P.1” refers to the first page or “face” of this Contract; “Contract” refers to P.1 together with these Terms and Conditions of Rental Contract; “Rented Item(s)” or “Item(s)” means the item(s) provided by DWE to you, as identified on P.1 (including any “Instructions” and/or safety device(s) provided per Section [or “§”] 4 below); “Site” means the address where the Item(s) will be delivered and/or used, as set forth on P.1; and “Customer,” “Lessee,” “you” and “your” mean the “Customer/Lessee” identified on P.1.
2. You agree to rent the Rented Item(s) from DWE for the period(s) specified on P.1 (the “Term”), at the end of which, you agree to immediately return such Item(s) to us. You agree to pay us our stated rental rate(s) (the “Rent”), together with all other charges accruing hereunder, without proration, reduction, or setoff, and remain liable for all loss of and damage to the Rented Item(s) until all such Rented Item(s) is/are returned to and accepted by DWE in the return condition required under this Contract (including § 12). Unless otherwise agreed in writing by DWE, all rental rates are for normal use of the Rented Item(s) on a single-shift basis during the Term, not exceeding 10 hours per 24-hour period for which Rent is charged hereunder (each, a “Rental Day”), 40 hours per 7-Rental Day Period, 160 hours per 28-Rental Day period (zero hours for any/all uncharged for periods), and otherwise in accordance with the terms of this Contract and the “Instructions” referenced in § 4. Additional Rent at our hourly rate will be charged for late returns and overuse. No allowance will be made for weather delays, time in transit or other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). Unless we otherwise agree in writing: (a) you shall pay us: (i) all deposit(s) and the Estimated Rent (if any) specified on P.1 in advance of the Term (the “Prepayment”); and (ii) all other amounts coming due hereunder upon demand; and (b)(i) we may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to us; (iv) all Prepayments are NON-REFUNDABLE except only as provided in § 6; and (v) anything remaining with, in or on any Item(s) upon return to us will be deemed surrendered and abandoned.
3. Except with respect to Rented Items DWE rents from one or more third parties (each, a “TPO”) and then re-rents to you (“Re-Rented Items”), DWE owns and will retain title to all Rented Items at all times. You will have exclusive control over the Rented Item(s) during the Term; subject however, to your obligation to fully and timely comply with this Contract at all times. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any Rented Item(s); or (b) loan, share, transfer, sublease, store, surrender or assign any Rented Item(s) or this Contract, without our prior written consent (in our sole discretion). We may, from time to time, substitute Rented Item(s) and/or sell or assign all or any part of its interests in one or more Rented Item(s) and/or this Contract, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of DWE or any TPO.
4. Upon the earlier of your receipt, or the delivery to the Site, of the Rented Item(s) unless you thereupon reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and in good order, condition and repair; (ii) is appropriate for your purposes and in all ways acceptable to you; and (iii) was selected (not based on any recommendation by us), carefully examined and tested by you or your agent(s); and (b) you: (i) have received, reviewed and understand all laws, rules, regulations, training, instructions, user manuals, maintenance requirements, and other information, if any, including all applicable EPA, OSHA, MSHA, ASME, IBC, IFC, IEEE, ASSP, DOT, FMCSA, IFTA, ANSI and other applicable standards (collectively, “Instructions”); (ii) will fully comply therewith (including Tier 4, Silica Dust, Ventilation and Electronic Logging Device requirements); (iii) have been made aware of the need to use all applicable personal protective equipment and safety devices (including RESPIRATORY, FALL PROTECTION and other safety devices); (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will timely give all applicable notice(s) to, and obtain all applicable licenses, authorizations, permits and approvals from, all affected parties, including governmental authorities, utilities, cable companies and the owner(s) of the Site, and ensure that all underground lines, cables and conduits are clearly and properly marked before using any Item(s) to disturb the ground surface (call 811 or 800-482-7171, and go to www.missdig.org) at least 3 working days in advance); (vi) will immediately cease using any Item that is damaged, breaks down, or proves defective (a “Malfunction”); and (vii) will ensure that all others comply with this Contract. You will notify us immediately if any of the foregoing shall be breached or proven incorrect or misleading.
5. You agree to ensure the Site is reasonably clean, safe, secure, and fit for delivery and use of the Rented Item(s) at all times. If we agree to provide any service(s) (including without limitation, delivery and/or retrieval), you shall: (a) pay our regular charge(s) therefor, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site. We will not be responsible for any delay(s) caused by you, your agents, employees, or any other parties, including providers of other equipment or services (“Other Party(ies)”) for which you agree to indemnify, defend, and hold harmless DWE. If you are not present upon delivery or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same (including the status, condition, quality, quantities, and defect(s) of or with respect to the Item(s) and the Site). With respect to rented trailers, you hereby agree to: (a) carefully inspect all coupling mechanisms, safety chains, doors, latches, tires, brakes, taillights and turning signals before each use; (b) secure and protect all contents of, and refrain from overloading such trailers; and (c) refrain from placing in any trailer any illegal, hazardous, explosive, toxic or otherwise potentially dangerous materials or substances. Lessor is not liable for damage to, and you waive all claims arising in connection with, your bumpers or motor vehicle caused by detachable hitches or mirrors.
6. In the event of a Malfunction, you will immediately notify, and return the Malfunctioning Item to, DWE, and provided such Malfunction did not result from or in connection with any wrongful or negligent act or omission of, or any breach of any provision of this Contract by, you or any Other Party(ies), we may, at our option: (a) repair the Malfunctioning Item; (b) provide you with a comparable replacement Item; or (c) with respect only to the Malfunctioning Item(s), return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. Dirt Works Equipment Rental LLC will have no other obligation(s) with respect to Malfunctions, all of which you hereby waive, together with all associated direct, incidental, consequential, and other indirect damages.
7. WARNINGS: THE ITEM(S) REFERENCED IN THIS CONTRACT CAN BE DANGEROUS. YOU AGREE TO: (A) PROVIDE ALL APPLICABLE TRAINING, FAMILIARIZATION, INSTRUCTIONS AND WARNINGS TO ALL PERSONS WHO USE OR DEAL WITH SUCH ITEM(S); AND (B) ENSURE THAT EACH SUCH ITEM IS TRANSPORTED, SERVICED, MAINTAINED, REPAIRED, USED, OPERATED AND OCCUPIED: (I) WITH EXTREME CARE; (II) WITHIN ITS RATED CAPACITY; (III) UNLESS OTHERWISE SPECIFICALLY AGREED BY DIRT WORKS AT THE SITE; (IV) BY COMPETENT AND PROPERLY TRAINED, FAMILIARIZED, QUALIFIED, CERTIFIED, SUPERVISED AND/OR LICENSED (AS APPLICABLE) ADULTS; AND (V) OTHERWISE IN FULL COMPLIANCE WITH THIS CONTRACT AND ALL APPLICABLE INSTRUCTIONS AT ALL TIMES.
8. NO WARRANTIES: DWE IS NOT THE MANUFACTURER OR DESIGNER OF ANY OF THE ITEM(S) REFERENCED IN THIS CONTRACT, ALL OF WHICH ARE PROVIDED “AS-IS”. NEITHER DWE NOR ANY TPO MAKES ANY WARRANTY(IES), EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND/OR GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY(IES) ARISING FROM OR IN CONNECTION WITH ANY COURSE OF DEALING, COURSE OF PERFORMANCE AND/OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) REFERENCED IN THIS CONTRACT, NOR DOES DIRT WORKS OR ANY TPO MAKE ANY WARRANTY(IES) AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU WAIVE. NO DESCRIPTIONS, SPECIFICATIONS, DEPICTIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY DWE OR ANY TPO. THERE ARE NO WARRANTIES BEYOND THE DESCRIPTION ON THE FACE HEREOF.
9. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, LOSS, PROPERTY DAMAGE, AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND/OR SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM AND/OR IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, INSTALLATION, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL OF SUCH ITEM(S) AND/OR SERVICE(S), WHETHER OR NOT YOUR FAULT (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, DIRT WORKS EQUIPMENT RENTAL LLC, EACH TPO, their respective parents, affiliates and subsidiaries, and their respective owners, shareholders, members, managers, officers, directors, agents, employees, insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee”), for, from and against all such RISKS, as well as all other liabilities, claims, damages, losses, costs and expenses (including attorneys’ fees) arising from and/or in connection with the Rented Item(s), this Contract, our negligence, and/or your breach of any one or more of the terms hereof; and except only as provided in § 6, (C) WAIVE all rights, remedies and defenses available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against Dirt Works and each and every other Indemnitee.
10. You agree to maintain all insurance we may require, which may include: (a) liability and bodily injury insurance with minimum limits of $1,000,000 per occurrence; (b) property damage / inland marine coverage for all Items for the full (new) replacement cost thereof; (c) unlimited primary medical and personal injury protection coverage; (d) workers’ compensation insurance; (e) for any and all Rented Item(s) subject to Michigan’s No-Fault Insurance Law, unlimited personal injury (PIP), property protection (PPI), bodily injury and property damage, broad form collision, comprehensive, limited property damage (“Mini-Tort”) liability, towing and residual liability insurance; and (f) contents insurance for the full new replacement cost of all contents of the Rented Item(s) (or any of them). Such policies shall, whenever possible: (i) specifically schedule the Rented Item(s); (ii) name Dirt Works Equipment Rental LLC as an additional insured and loss payee; (iii) waive subrogation against DWE and each TPO; (iv) be primary and non-contributory; and (v) include such other provisions (including deductibles) as we may require. You irrevocably appoint DWE as your agent and attorney-in-fact for purposes of submitting and negotiating claims on all such policies.
11. If and only if, we have offered, and you have paid for our OPTIONAL LIMITED DAMAGE WAIVER (“LDW”) (set forth on P.1, if available) in advance of the Term, you will have no liability to us for 80% of the first $5,000 of repair/replacement costs for physical damage to Item(s) covered by LDW (“Covered Item(s)”); provided however, that you will, remain fully liable for: (a) all loss of and damage to: (i) Item(s) not covered by LDW; (ii) Covered Item(s) lost or damaged during transportation and/or as a result of: (A) your breach of this Contract; (B) theft or other failure to timely return Covered Item(s) to us; (C) negligence, misuse and/or abuse of Rented Item(s) (including submerging, overturning and overloading); (iii) GPS and telematics systems, data, batteries, keys, glass, tires, tubes, tracks, fittings, belts, chains, knobs and hoses; (b) 20% of the first $5,000 of repair/ replacement costs for Covered Item(s); and (c) all repair and replacement costs exceeding $5,000 in the aggregate across all Covered Item(s). You may decline LDW if you provide the property/physical damage/inland marine insurance referenced in § 10. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY.
12. You agree to protect, properly maintain and care for each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to DWE on time, clean, free of contaminants (including without limitation, asbestos, beryllium, pathogens, and silica) and otherwise in good order, condition and repair, properly serviced and maintained, and if applicable, full of the appropriate fuel, fluid and lubricants. If you fail to do so, then in addition to the amounts due elsewhere under this Contract, you will pay us: (a) hourly Rent at our highest incremental rate until all Item(s) has/have been returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure. You will not, nor will you permit anyone else to: (i) abuse, misuse, overuse, remove from the Site, conceal, repair, store, modify or damage any Rented Item(s); (ii) violate any Instruction, policy of insurance or warranty; (iii) expose any Rented Item(s) to any flammable, explosive, harmful or hazardous substance(s) or circumstance(s); (iv) disable, misuse or circumvent any safety equipment or device(s) in, on or with any Rented Item(s); or (v) take possession of or exercise control over any Rented Item(s), without our prior consent (granted, conditioned or withheld in our sole and absolute discretion). Additionally, YOU SHALL NOT PLACE OR STORE IN OR ON ANY RENTED ITEM(S) any: (A) harmful or hazardous materials or substances; or (B) contraband.
13. Your duties hereunder are unconditional. If you or any guarantor shall: (a) fail to fully and timely honor, pay, perform or comply with this Contract and/or any of your obligations arising hereunder or in connection herewith; (b) provide any incorrect or misleading information to us; (c) become insolvent; or (d) die or cease conducting business, or if any Rented Item(s) shall be lost or unless covered by LDW per § 11, damaged, you will be in DEFAULT under this Contract, whereupon, we may with or without legal process or notice (and without liability to you or any guarantor), to the maximum extent permitted under applicable law: (i) terminate your rental(s); (ii) seek relief from stay; (iii) recover, empty, lock, restrict and/or disable any Rented Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for which you will indemnify, defend and hold harmless each Indemnitee); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s); (vi) recover from you our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the balance of the scheduled Term, overtime, loss of use, interest, attorneys’ fees, repossession costs, and collection costs); and/or (vii) pursue any one or more other rights and/or remedies available in connection (t)herewith, all of which shall be cumulative.
14. All disputes arising in connection with this Contract and/or its subject matter, shall, at our option, be submitted to binding arbitration in accordance with the Rules of the American Arbitration Association before a single arbitrator selected by DWE in or as near as possible to Fenton, Michigan. Judgment on the arbitrator’s award shall be final and binding and may be entered in any court of competent jurisdiction. This Contract shall be governed by and enforceable under the laws of Michigan, and proper venue for all civil legal actions commenced in connection herewith not made subject to arbitration as provided above shall lie solely in the federal, state, and local courts located in or nearest to Livingston County, MI (unless waived by DWE). You consent and submit thereto and waive all claims that such venue lies in an inconvenient forum.
15. You agree to pay all taxes (including sales, use, transfer, machinery, “business and occupation” and other taxes), fines, fees, assessments, tolls, and other charges related to each Item. If legal action is commenced in connection herewith, we will be entitled to recover our costs and expenses associated therewith (including without limitation, attorneys’ fees) from you if we prevail. To the maximum extent permitted under applicable law, you grant to DWE a lien on all real and personal property: (a) placed in or on; and/or (b) improved with, any Rented Item(s). We may, without notice or liability to you, monitor and/or inspect, in person and/or electronically (including via Telematics/GPS systems) any Rented Item(s) at any time. You consent thereto and agree that all information thereby obtained will be ours. If any performance required of us is delayed or impaired as a result of any act or omission of/by you, any Other Party(ies) or any “Act of God” (any event, fact, or circumstance beyond our reasonable control), we will be excused from such performance. You waive all statutes of limitations regarding our rights and remedies. All amounts due hereunder but not timely paid will bear interest at the lesser of: (i) 18% per annum; or (ii) the highest rate permitted under applicable law until paid. You authorize us to charge all amounts coming due hereunder to any debit and/or credit card(s) you provide. You agree to pay us the maximum lawful charge for any check you write which is returned unpaid. Our maximum liability in connection with this Contract is limited to the amount(s) actually paid by you and received by us hereunder. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will constitute an election of remedies or a waiver of any of our rights or remedies.
16. Time is of the essence. There are no third-party beneficiaries hereto other than the applicable Indemnitees. This Contract, and any addenda we provide, each of which shall be deemed incorporated herein, represent(s) the entire agreement between you and us, superseding all other agreements and representations (including our website and advertising) and cannot otherwise be amended or extended except in a writing signed by DWE. These Terms and Conditions apply to all Item(s) identified on P.1, and to all other Items you obtain from us at any time (except only as otherwise agreed by us). You acknowledge that this Contract: (a) is a true operating lease, and not a financing; (b) is fair and reasonable; and (c) shall be enforceable by you, Dirt Works Equipment Rental LLC, and the other Indemnitees. The terms of this Contract are severable. If any provision (t)hereof is deemed invalid or unenforceable by any court or arbitrator of competent jurisdiction, such provision will be deleted, and the remainder (t)hereof will remain valid and enforceable. Digital, electronic, photocopied, and facsimiled signatures on this Contract will be deemed originals.
17. WARNING: Refusing or willfully neglecting to return rented personal property at the agreed date and time with intent to defraud the lessor may be deemed LARCENY, resulting in CIVIL LIABILITY and/or CRIMINAL PROSECUTION. See MCL § 750.362a, et seq. and its/their successor provision(s) for details.